PART VIIIDISPOSITIONS OF RIGHTS AND INTERESTS IN CATEGORY IA AND IA-N LAND AND BUILDINGS
130. (1) In this Part,
« bail »
“lease” does not include an emphyteutic lease;
« transfert »
“transfer” means a transfer made directly or indirectly, but does not include a transfer by testamentary or intestate succession.
Marginal note:Deemed transfer of corporation’s right or interest
(2) For the purposes of this Part, where a corporation holds a right or interest in Category IA or IA-N land and subsequently there is a change in the effective voting control of that corporation (otherwise than by testamentary or intestate succession), a transfer of that right or interest shall be deemed to have occurred.
Marginal note:Civil Codes
(3) In construing the nature and extent of the rights and interests listed in subsection 132(1), reference shall be had to the Civil Code of Quebec and the Civil Code of Lower Canada to the extent that they are not inconsistent with this Act or with the provisions of the grant of that right or interest.
Marginal note:Quebec landlord and tenant law
131. Unless otherwise provided in the lease, provincial laws relating to the rights and obligations of lessors and lessees do not apply to a lease for residential purposes of a building situated on Category IA or IA-N land.
Marginal note:Grants by band
132. (1) A band may, subject to this Part, grant
(a) with respect to its Category IA or IA-N land, a lease, usufruct, servitude, superficie or other right of use or occupation; and
(b) with respect to its buildings on its Category IA or IA-N land, a lease, emphyteutic lease or usufruct, or a right of ownership, co-ownership, use or habitation, or other right of use or occupation or, subject to the approval of the electors of the band described in subsection 193(3), a hypothec or other charge.
Marginal note:Maximum term of land grant
(2) The term of a grant made under paragraph (1)(a) may not exceed seventy-five years.
Marginal note:Band elector approval for non-residential grants in land over 10 years
(3) A grant for a term of ten years or more made under paragraph (1)(a) for non-residential purposes has no effect unless approved by the electors of the band at a special band meeting or referendum at which
(a) at least ten per cent of the electors of the band voted on the matter, in the case of a grant for a term of less than twenty-five years; or
(b) at least twenty-five per cent of the electors of the band voted on the matter, in the case of a grant for a term of twenty-five years or more.
Marginal note:How term computed
(4) For the purposes of subsections (2) and (3), any period in respect of which a grantee has a right of renewal shall be deemed to be included in the original term of the grant.
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